[Introduced January 15, 1998; referred to the Committee
on the Judiciary.]

____________

A BILL to amend and reenact section eighteen, article sixteen,
chapter eleven of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; and to amend and
reenact sections five and twelve, article seven, chapter
sixty of said code, all relating to nonintoxicating beer;
state control of alcoholic liquors; licenses to private
clubs; investigations by commissioner; prohibiting
possession of firearm or other deadly weapon in any licensed
club or other establishment that sells beer; and entry upon
licensee's premises by members of the West Virginia state
police in the absence of a warrant or written permission
from the commissioner.

Be it enacted by the Legislature of West Virginia:
That section eighteen, article sixteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; and that sections five and
twelve, article seven, chapter sixty of said code be amended and
reenacted, all to read as follows:

CHAPTER 11. TAXATION.

ARTICLE 16. NONINTOXICATING BEER.

§11-16-18. Unlawful acts of licensees; criminal penalties.

(a) It shall beis unlawful:
(1) For any licensee, his, her, its or their servants,
agents or employees to sell, give or dispense, or any individual
to drink or consume, in or on any licensed premises or in any
rooms directly connected therewith, nonintoxicating beer or
cooler on weekdays between the hours of two o'clock a.m. and
seven o'clock a.m., or between the hours of two o'clock a.m. and
one o'clock p.m., on any Sunday, except in private clubs licensed
under the provisions of article seven, chapter sixty of this
code, where the hours shall conform with the hours of sale of
alcoholic liquors;
(2) For any licensee, his, her, its or their servants,
agents or employees, to sell, furnish or give any nonintoxicating
beer as defined in this article to any person visibly or
noticeably intoxicated, or to any person known to be insane or
known to be a habitual drunkard;
(3) For any licensee, his, her, its or their servants,
agents or employees, to sell, furnish or give any nonintoxicating
beer as defined in this article to any person who is less than
twenty-one years of age;
(4) For any distributor to sell or offer to sell, or any
retailer to purchase or receive, any nonintoxicating beer as
defined in this article, except for cash; and no right of action
shall exist to collect any claims for credit extended contrary to
the provisions of this subdivision. Nothing herein contained
shall prohibit a licensee from crediting to a purchaser the
actual price charged for packages or containers returned by the
original purchaser as a credit on any sale, or from refunding to
any purchaser the amount paid or deposited for such containers
when title is retained by the vendor;
(5) For any brewer or distributor or brewpub or his, her,
its or their agents, to transport or deliver nonintoxicating beer
as defined in this article to any retail licensee on Sunday;
(6) For any brewer or distributor to give, furnish, rent or
sell any equipment, fixtures, signs or supplies directly or
indirectly or through a subsidiary or affiliate to any licensee
engaged in selling products of the brewing industry at retail, or
to offer any prize, premium, gift or other similar inducement,
except advertising matter of nominal value, to either trade or consumer buyers: Provided, That a distributor may offer, for
sale or rent, tanks of carbonic gas. Nothing herein contained
shall prohibit a brewer from sponsoring any professional or
amateur athletic event or from providing prizes or awards for
participants and winners in any such events: Provided, however,
That no such event shall be sponsored which permits actual
participation by athletes or other persons who are minors, unless
specifically authorized by the commissioner;
(7) For any licensee to permit in his premises any lewd,
immoral or improper entertainment, conduct or practice;
(8) For any licensee except the holder of a license to
operate a private club issued under the provisions of article
seven, chapter sixty of this code, or a holder of a license or a
private wine restaurant issued under the provisions of article
eight of said chapter sixty, to possess a federal license, tax
receipt or other permit entitling, authorizing or allowing such
licensee to sell liquor or alcoholic drinks other than
nonintoxicating beer;
(9) For any licensee to obstruct the view of the interior of
his premises by enclosure, lattice, drapes or any means which
would prevent plain view of the patrons occupying such premises.
The interior of all licensed premises shall be adequately lighted
at all times: Provided, That provisions of this subdivision shall not apply to the premises of a Class B retailer, the
premises of a private club licensed under the provisions of
article seven, chapter sixty of this code, or the premises of a
private wine restaurant licensed under the provisions of article
eight of said chapter sixty;
(10) For any licensee to manufacture, import, sell, trade,
barter, possess or acquiesce in the sale, possession or
consumption of any alcoholic liquors on the premises covered by
such license or on premises directly or indirectly used in
connection therewith: Provided, That the prohibition contained
in this subdivision with respect to the selling or possessing or
to the acquiescence in the sale, possession or consumption of
alcoholic liquors shall not be applicable with respect to the
holder of a license to operate a private club issued under the
provisions of article seven, chapter sixty of this code, nor
shall the prohibition be applicable to a private wine restaurant
licensed under the provisions of article eight of said chapter
insofar as such private wine restaurant is authorized to serve
wine;
(11) For any retail licensee to sell or dispense
nonintoxicating beer, as defined in this article, purchased or
acquired from any source other than a distributor, brewer or
manufacturer licensed under the laws of this state;
(12) For any licensee to permit loud, boisterous or
disorderly conduct of any kind upon his or her premises or to
permit the use of loud musical instruments if either or any of
the same may disturb the peace and quietude of the community
wherein such business is located: Provided, That no licensee
shall have in connection with his or her place of business any
loudspeaker located on the outside of the licensed premises that
broadcasts or carries music of any kind;
(13) For any person whose license has been revoked, as in
this article provided, to obtain employment with any retailer
within the period of one year from the date of such revocation,
or for any retailer to employ knowingly any such person within
such time;
(14) For any distributor to sell, possess for sale,
transport or distribute nonintoxicating beer except in the
original container;
(15) For any licensee to knowingly permit any act to be done
upon the licensed premises, the commission of which constitutes
a crime under the laws of this state;
(16) For any Class B retailer to permit the consumption of
nonintoxicating beer upon his licensed premises;
(17) For any Class A licensee, his, her, its or their
servants, agents or employees, or for any licensee by or through such servants, agents or employees, to allow, suffer or permit
any person less than eighteen years of age to loiter in or upon
any licensed premises; except, however, that the provisions of
this subdivision shall not apply where such person under the age
of eighteen years is in or upon such premises in the immediate
company of his or her parent or parents, or where and while such
person under the age of eighteen years is in or upon such
premises for the purpose of and actually making a lawful purchase
of any items or commodities therein sold, or for the purchase of
and actually receiving any lawful service therein rendered,
including the consumption of any item of food, drink or soft
drink therein lawfully prepared and served or sold for
consumption on such premises;
(18) For any distributor to sell, offer for sale, distribute
or deliver any nonintoxicating beer outside the territory
assigned to such distributor by the brewer or manufacturer of
such nonintoxicating beer or to sell, offer for sale, distribute
or deliver any such nonintoxicating beer to any retailer whose
principal place of business or licensed premises is within the
assigned territory of another distributor of such nonintoxicating
beer: Provided, That nothing herein shall be deemed to prohibit
sales of convenience between distributors licensed in this state
wherein one such distributor sells, transfers or delivers to another such distributor a particular brand or brands for sale at
wholesale; and
(19) For any licensee or any agent, servant or employee of
any such licensee to knowingly violate any rule or regulation
lawfully promulgated by the commissioner in accordance with the
provisions of chapter twenty-nine-a of this code; and(20) For any licensee, his, her, its or their servants,
agents or employees, or any customer to possess a firearm or
other deadly weapon as defined in section two, article two,
chapter sixty-one of this code.
(b) Any person who violates any provision of this article
including, but not limited to, any provision of this section, or
any rule, regulation, or order lawfully promulgated by the
commissioner, or who makes any false statement concerning any
material fact in submitting application for license or for a
renewal of a license or in any hearing concerning the revocation
thereof, or who commits any of the acts herein declared to be
unlawful, shall beis guilty of a misdemeanor, and shall be
punished for each offense by a fine of not less than twenty-five
nor more than five hundred dollars, or imprisoned in the county
jail for not less than thirty days or more than six months, or by
both fine and imprisonment in the discretion of the court.
Magistrates shall have concurrent jurisdiction with the circuit court, and any other courts having criminal jurisdiction in their
county, for the trial of all misdemeanors arising under this
article.
(c) Nothing in this article nor any rule or regulation of
the commissioner shall prevent or be deemed to prohibit any
licensee from employing any person who is at least eighteen years
of age to serve in such licensee's lawful employ, including the
sale or delivery of nonintoxicating beer as defined in this
article. With the prior approval of the commissioner, a licensee
whose principal business is the sale of food or consumer goods or
the providing of recreational activities, including, but not
limited to, nationally franchised fast food outlets,
family-oriented restaurants, bowling alleys, drug stores,
discount stores, grocery stores and convenience stores, may
employ persons who are less than eighteen years of age but at
least sixteen years of age: Provided, That such person's duties
shall not include the sale or delivery of nonintoxicating beer or
alcoholic liquors: Provided, however, That the authorization to
employ such persons under the age of eighteen years shall be
clearly indicated on the licensee's license.

CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 7. LICENSES TO PRIVATE CLUBS.

§60-7-5. Investigation by commissioner; issuance or refusal of license; special requirements for clubs at parks and
airports; form of license; license valid at one location only; expiration and renewal;
transferability.

(a) Upon receipt of the application referred to in section
four of this article, together with the accompanying fee and
bond, the commissioner shall conduct an investigation to
determine the accuracy of the matters contained in such
application and whether applicant is a bona fide private club of
good reputation in the community in which it shall operate. For
the purpose of conducting such investigation, the commissioner
may withhold the granting or refusal to grant such license for a
period not to exceed thirty days. If it shall appear that such
the applicant is a bona fide private club, of good reputation in
the community in which it shall operate and that there is no
false statement contained in such application, the commissioner
shall issue a license authorizing the applicant to sell alcoholic
liquors as provided in section three of this article, and
otherwise shall refuse to issue such license, except that in the
case of an application by a corporation or association to operate
a private club in connection with:
(1) A state park, the director of the department of natural
resources must grant his or her approval before the license can be issued; or
(2) A county or municipal park, or an airport, the authority
governing the park or airport must grant its approval before the
license can be issued.
A license may not be issued for a private club in any state
park unless a dining facility comparable to the dining facility
for the proposed private club will be available to serve meals to
the general public. A license may not be issued for a private
club in any county or municipal park, or an airport, unless a
dining facility comparable to the dining facility for the
proposed private club will be available to serve meals to the
general public.
(b) Upon refusal to issue such license the commissioner
shall make and enter an order denying such application, which
denial and refusal shall be final unless a hearing is requested
in accordance with the provisions of section thirteen of this
article. When such refusal or denial becomes final the
commissioner shall forthwith refund to the applicant his or her
fees and bond accompanying said application.
(c) Such license shall be of suchthe form and design as the
commissioner may prescribe by reasonable rule or regulation, and
shall authorize the licensee to sell alcoholic liquors at only
one location.
(d) SuchThe license shall expire on the thirtieth day of
June next following the date of issue and may be renewed upon the
same showing as required for the issuance of the initial license,
together with the payment of fees and filing of the bond as
required by this article.
(e) A license issued under the provisions of this article
shallmay not be transferable.(f) Notwithstanding any other provision of law to the
contrary, the commissioner shall conduct biyearly investigations
to determine whether the applicant is a bona fide private club
of good reputation in the community in which it operates.

§60-7-12. Certain acts of licensee prohibited; criminal
penalties.(a) It is unlawful for any licensee, or agent, employee or
member thereof, on such licensee's premises to:
(1) Sell or offer for sale any alcoholic liquors other than
from the original package or container;
(2) Authorize or permit any disturbance of the peace;
obscene, lewd, immoral or improper entertainment, conduct or
practice; gambling or any slot machine, multiple coin console
machine, multiple coin console slot machine or device in the
nature of a slot machine;
(3) Sell, give away or permit the sale of, gift to or the procurement of any nonintoxicating beer, wine or alcoholic
liquors for or to, or permit the consumption of nonintoxicating
beer, wine or alcoholic liquors on the licensee's premises, by
any person less than twenty-one years of age;
(4) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic
liquors, for or to any person known to be deemed legally
incompetent, or for or to any person who is physically
incapacitated due to consumption of nonintoxicating beer, wine or
alcoholic liquor or the use of drugs;
(5) Sell, give or dispense nonintoxicating beer, wine or
alcoholic liquors in or on any licensed premises or in any rooms
directly connected therewith, between the hours of three o'clock
a.m. and one o'clock p.m. on any Sunday;
(6) Permit the consumption by, or serve to, on the licensed
premises any nonintoxicating beer, wine or alcoholic liquors,
covered by this article, to any person who is less than twenty- one years of age;
(7) With the intent to defraud, alter, change or
misrepresent the quality, quantity or brand name of any alcoholic
liquor;
(8) Sell or offer for sale any alcoholic liquor to any
person who is not a duly elected or approved dues paying member in good standing of said private club or a guest of such member;
(9) Sell, offer for sale, give away, facilitate the use of
or allow the use of carbon dioxide, cyclopropane, ethylene,
helium or nitrous oxide for purposes of human consumption except
as authorized by the commissioner;
(10) (A) Employ any person who is less than eighteen years
of age in a position where the primary responsibility for such
employment is to sell, furnish or give nonintoxicating beer, wine
or alcoholic liquors to any person;
(B) Employ any person who is between the ages of eighteen
and twenty-one who is not directly supervised by a person aged
twenty-one or over in a position where the primary responsibility
for such employment is to sell, furnish or give nonintoxicating
beer, wine or alcoholic liquors to any person;(11) Possess a firearm or other deadly weapon as defined in
section two, article two, chapter sixty-one of this code;
(12) Refuse entry onto the premises of any licensee any
member of the West Virginia state police for the purpose of
enforcing any rule of the commissioner or provision of this
chapter, regardless of whether the member of the West Virginia
state police has the written permission of the commissioner or a
warrant. The commissioner may not withhold permission for a
reasonable request of the West Virginia state police to enter the premises of a licensee; or(11)(13) Violate any reasonable rule of the commissioner.
(b) It is unlawful for any licensee to advertise in any news
media or other means, outside of the licensee's premises, the
fact that alcoholic liquors may be purchased thereat.
(c) Any person who violates any of the foregoing provisions
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than five hundred dollars nor more than one
thousand dollars, or imprisoned in the county jail for a period
not to exceed one year, or both fined and imprisoned.

NOTE: The purpose of this bill is to authorize the
Alcoholic Beverage Control Commissioner to make biyearly
background checks on privately licensed liquor clubs; to prohibit
the possession of firearms or other deadly weapons in private
liquor clubs or establishments licensed to sell beer; and to
authorize the West Virginia State Police to enter private liquor
clubs without warrants or the written permission of the
Commissioner to enforce ABCC laws.

Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be added.